This sample form, a detailed Web Site Use Agreement document, is adaptable for use the internet industry. Tailor to fit your circumstances. In the context of Internet sales, disclaimers of warranties should be plainly visible to customers before they make a purchase. Courts may find that the disclaimer of a warranty is conspicuous even if contained within the site and not discovered before a user agrees to a sale from the site.
Many Internet users are concerned that personal identifying information will be sold to entities that market their products through the Internet. A privacy statement gives assurance that information gathered will not be distributed.
Privacy statements and disclosures also allow those who visit a Website to assess how private information will be collected and used. Accordingly, the visitor can make an informed decision on whether or not to interface with the Website. The following form is a sample of such a privacy statement.
New Jersey Website Subscription User Agreement — Terms of Use for a Website that Invites Posts and is not Primarily Engaged in the Sales of Products or Services Introduction: The New Jersey Website Subscription User Agreement — Terms of Use governs the usage of a website that invites users to post content and is not primarily focused on selling products or services. By accessing this website, users agree to abide by the terms and conditions outlined herein. This agreement outlines the rights and responsibilities of both the website owner and the users. Key Terms and Definitions: 1. Website: Refers to the online platform operated by the website owner that enables users to post, share, and access content. 2. User: Refers to any individual or entity accessing the website and/or posting content. 3. Content: Refers to any information, text, images, videos, or other media that users upload or share on the website. 4. Intellectual Property Rights: Refers to copyrights, trademarks, patents, and any other proprietary rights associated with the website and its content. 5. Moderation: Refers to the process of reviewing and monitoring user-generated content for compliance with the terms of use and applicable laws. General Terms: 1. Eligibility: Users must be at least 18 years old or the legal age of majority in their jurisdiction to access and use the website. 2. Acceptance: By using the website, users acknowledge and agree to be bound by the terms and conditions of this user agreement. 3. Content Ownership: Users retain ownership of the content they post on the website; however, by posting, they grant the website owner a non-exclusive, worldwide, royalty-free license to use, distribute, modify, and display the content. 4. Prohibited Content: Users must not post or share content that infringes upon intellectual property rights, is unlawful, misleading, or harmful. 5. Moderation: The website owner reserves the right to moderate and remove any content that violates these terms or is deemed inappropriate. Liability and Indemnification: 1. Disclaimers: The website owner is not responsible for the accuracy, safety, or legality of user-generated content. The website is provided "as is" and the owner disclaims all warranties. 2. Limitation of Liability: The website owner shall not be held liable for any damages arising from the use of the website or the content posted therein. 3. Indemnification: Users agree to indemnify and hold the website owner harmless from any claims, damages, or losses arising from their use of the website or their violation of these terms. Termination: 1. Termination Rights: The website owner reserves the right to terminate or suspend a user's account at any time, without prior notice, for violation of these terms or any other reasonable cause. 2. Effect of Termination: Upon termination, the user's access to the website and all associated features will be revoked. Additional Terms: 1. Privacy Policy: Users should review the website's Privacy Policy to understand how their personal information is collected, used, and protected. 2. Governing Law: This user agreement shall be governed by the laws of the state of New Jersey. 3. Severability: If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Types of New Jersey Website Subscription User Agreement: 1. Social Media Platform User Agreement: For websites that primarily function as social media platforms, allowing users to connect, share content, and communicate with each other. 2. Forum User Agreement: For websites that primarily serve as online discussion forums, where users can engage in conversations and seek information or advice. 3. Blogging Website User Agreement: For websites hosting blogs and inviting users to post articles or other written content. 4. Review Platform User Agreement: For websites focused on collecting and sharing user reviews of products, services, or businesses.
